BILL NUMBER: AB 241	CHAPTERED  09/15/99

	CHAPTER   401
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JUNE 15, 1999
	AMENDED IN ASSEMBLY   MARCH 3, 1999

INTRODUCED BY   Assembly Member Cunneen

                        JANUARY 28, 1999

   An act to amend Section 25160.1 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 241, Cunneen.  Hazardous waste codes.
   (1) Existing law required the Department of Toxic Substances
Control to revise, on or before December 31, 1998, the hazardous
waste code identification system established in specified regulations
so as to meet certain requirements, including requiring hazardous
wastes regulated under the federal Resources Conservation and
Recovery Act of 1976 (RCRA) to be identified by the RCRA hazardous
waste code section, requiring hazardous wastes that are identified
pursuant to the RCRA hazardous waste identification criteria, but
that are not regulated under RCRA, to be identified by the RCRA code,
and requiring non-RCRA hazardous waste to be identified by an
identification code system consistent with the RCRA hazardous waste
code system.
   This bill would delete the requirement that the revised code
identification system require hazardous wastes that are identified
pursuant to the RCRA hazardous waste identification criteria, but
that are not regulated under RCRA, to be identified by a RCRA code,
and would instead prohibit the revised code system from requiring
non-RCRA hazardous wastes to be identified by a RCRA hazardous waste
code.  The bill would also delete obsolete provisions regarding the
procedures for the revision of those regulations.
   (2) Existing law requires the department to allow for a reasonable
transition period, not to exceed one year, for the public to comply
with the revised hazardous waste code system.  Existing law also
requires the department to adopt a specified regulatory procedure for
the amendment of specified permits, registrations, licenses, and
certifications.
   This bill would instead require the department to determine an
operative date for the regulations establishing the revised system,
which would be required to be set at a date no later than 3 years
after the date the regulations are adopted and would allow the
department to extend the operative date for up to an additional 2
years.  The bill would require the regulatory procedure to apply to
facilities on the operative date of the revised hazardous waste code
system.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25160.1 of the Health and Safety Code is
amended to read:
   25160.1.  (a) The department shall revise the hazardous waste code
identification system established in Appendix XII of Chapter 11
(commencing with Section 66261.1) of Division 4.5 of Title 22 of the
California Code of Regulations.  The revised hazardous waste code
identification system shall meet the requirements of subdivision (b).

   (b) The revised hazardous waste code identification system adopted
pursuant to subdivision (a) shall meet all of the following
requirements:
   (1) RCRA hazardous wastes shall be identified by the same
hazardous waste code identification designations that are given to
those hazardous wastes by the RCRA hazardous waste code system
adopted pursuant to the federal act.
   (2) Non-RCRA hazardous wastes shall be identified by hazardous
waste code identification designations that are consistent with the
federal waste code identification designations and shall be based on
the criteria that causes the waste to be regulated as a hazardous
waste in this state.  The identification code system shall not
require the hazardous wastes subject to this paragraph to be
identified by a RCRA hazardous waste code identification.
   (3) Notwithstanding the requirements of paragraphs (1) and (2),
the department may propose and adopt additional modifications to the
hazardous waste code identification system if the department
determines that those additional modifications are necessary and
essential to provide any one of the following:
   (A) Significant benefit to the protection of human health or the
environment.
   (B) Significant benefit to compliance and enforcement activities.

   (C) Significant additional assurance that hazardous wastes are
properly managed.
   (c) To facilitate implementation of the revised hazardous waste
code identification system adopted pursuant to this section, the
department shall do all of the following:
   (1) Determine an operative date for the regulations establishing
the revised hazardous waste code identification system in order to
allow for a reasonable transition period, which shall not exceed
three years after the date the revised waste code regulations are
adopted.  If the department determines, prior to the end of that
three-year period, that additional time is necessary for the new
waste code system to become operative, the department may revise the
regulations to extend the transition period and the operative date
for up to an additional two years.
   (2) Adopt a regulatory procedure for the amendment of existing
permits, registrations, licenses, certifications, and other
authorizations that have been issued by the department to allow the
revised hazardous waste code identification system to be used by
facilities with existing authorizations that refer to, or
incorporate, the old hazardous waste code identification system,
subject to all of the following limitations:
   (A) The regulatory procedure will not change the type or amount of
hazardous waste that persons are authorized to treat, store,
transfer, dispose of, or otherwise handle in accordance with this
chapter.
   (B) To the extent consistent with the federal act, the regulatory
procedure will not require individual modification to individual
facility permits, registrations, licenses, certifications, or other
authorizations solely for the purpose of reflecting the revised
hazardous waste code identification system.
   (C) The regulatory procedure for the amendment of existing
permits, registrations, licenses, certifications, or other
authorizations shall apply to all applicable facilities on the
operative date of the revised hazardous waste code identification
system, as determined by the department pursuant to paragraph (1) of
subdivision (c).
   (3) Conduct a public education, outreach, and notification program
to ensure that users of the hazardous waste code identification
system are reasonably notified of and understand the changes made to
the system pursuant to this section.
